This page states the Terms and Conditions under which you use https://pegasusbainbridge.com. Please do note that any use of this website means that you agree to the following Terms and Conditions. Even if you actually don’t read them…
Your Agreement with pegasusbainbridge.com
Upon ordering we are not making a legal offer to provide the goods ordered. We are inviting you to make a legal offer to us for you to purchase the goods. It is entirely at our discretion to reject or accept your offer of purchase.
This agreement is only confirmed when we have accepted your offer to purchase the goods and have sent you an invoice or dispatch receipt that includes the date of the agreement being accepted which will be the date shown on said invoice or receipt.
Product Display and Orders
All features, specifications, products and prices of products and services described on the Site are subject to change at any time without notice. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. While we may personally regret any error, legally, we make no representation as to the completeness, accuracy, or currency of any information on the Site.
We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Site or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors.
The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
All agreements of your offer to purchase goods are entirely subject to their availability. Our acknowledgment of order acceptance via e-mail or web is not a guarantee of delivery. In the event the items you have ordered are not available, you will be contacted, and alternative or a full refund offered. If we are only able to fulfill part of your order, payment will be taken for your whole order, then, on dispatch, a full refund for the unavailable goods will be made.
We currently accept the following forms of payment:
Payment can be made using only the methods above, and payment for your full order offer will be taken immediately. The total amount you pay is the same regardless of the payment method. All payments are secure, handled by PayPal in associated with WooCommerce, Printful and our other third-party partners, and subject in turn to each of their own terms and conditions.
Our Returns Policy
Information on the Website
To access some features of the Site you may have to create an account. You must be at least 18 years of age in order to create an adult account or submit any Personal Information to us. If you are at least 13 years old, but are not considered an adult in the State in which you live (generally age 18), you can only register and submit Personal Information to us if you have your parent or legal guardian’s consent. If you are under 13, we must obtain verifiable parental consent from your parent or legal guardian in advance before you may register.
You must submit a valid e-mail address and select a password during the registration process. When creating your account, you must provide accurate and complete information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. We reserve the right to refuse registration or cancel an account in our sole discretion and without prior written notice to you. You are solely responsible for maintaining the confidentiality and security of your account, and for keeping your account information up to date. You may never use another person’s account without permission.
Disclaimer and Limitation of Liability.
THIS SITE AND ALL CONTENT AND SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR ANY GUARANTY OR ASSURANCE THE SITE, CONTENT OR SERVICES OFFERED THROUGH THE SITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT THE SITE OR CONTENT ARE ACCURATE OR ERROR FREE, THAT DEFECTS THEREWITH WILL BE CORRECTED, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THE PEGASUS COFFEE HOUSE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS OR INFORMATION. BY USING THE SITE YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM (a) ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OFFERED THROUGH THIS SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (b). LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED FIVE HUNDRED DOLLARS ($500). BOTH PARTIES AGREE THAT FIVE HUNDRED DOLLARS ($500) IS A REASONABLE ESTIMATE OF THE MAXIMUM DAMAGES, IF ANY, WHICH MAY RESULT FROM USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend us and the Pegasus Coffee House against any demands, claims or actions brought against us or the Pegasus Coffee House arising as a result of any breach or violation of our Terms by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees) resulting from any such Claim. We reserve the right, at our own expense, to assume exclusive defense against any Claim and all negotiations for settlement or compromise, and you agree, upon request, to cooperate with us in the defense, settlement or compromise of any such Claim.
Choice of Law, Disputes and Jurisdiction
The Site is administered by the Pegasus Coffee House team from its retail location in Bainbridge Island, Washington. These Terms will be governed by and construed in accordance with the laws of the state of Washington, without giving effect to any principles of conflicts of laws. Any matter and/or dispute relating in any way to your visit to or interaction with the Site, including compliance with these Terms, shall be submitted to binding confidential arbitration in Washington as provided below.
Notwithstanding the foregoing, to the extent you have in any manner infringed or threatened to infringe on our intellectual property rights, you unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts of the state of Washington and you will not object on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings.
Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that the Pegasus Coffee House’s agreement to arbitrate claims constitutes consideration for such waiver.
Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not permitted by applicable law, the parties waive all rights to trial by jury and waive all right to commence or participate in any class action, consolidated, representative or class proceedings.
If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms, including the Site and Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of the Pegasus Coffee House The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms, including the Site and Content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
If you believe that any Content available on or through the Site violates your U.S. copyright please follow the steps indicated below.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on our Service should be sent ONLY to our Designated Agent. The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, REPORTS OR E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Pegasus Coffee House
131 Parfitt Way SW
Bainbridge Island, WA 98110
Re: Copyright Infringement
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(a) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(b) Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
(c) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(e) Your name, address, telephone number, and e-mail address;
(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.